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2025 Supreme(Online)(P&H) 18007

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMANDEEP SINGH AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND ANOTHER – Respondent



352 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-35101-2025 Date of decision: 14.10.2025 RAMANDEEP SINGH AND OTHERS ....Petitioners Versus STATE OF PUNJAB AND ANOTHER ....Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Jatinder Pal Singh, Advocate for the petitioners.

Mr. Sahil Chowdhary, AAG, Punjab.

Mr. Tejbir Singh Hundal, Advocate for respondent No.2.

****

RAJESH BHARDWAJ , J (ORAL)

1. Present petition has been filed praying for quashing of FIR No.0015, dated 03.02.2021, under Sections 342, 323, 384, 506, 148 and 149 of IPC (Sections 384, 148 and 149 of IPC deleted and Section 34 of IPC is added vide GD No.26 dated 22.05.2021 and Sectionb 201 of IPC added vide GD No.21 dated 30.06.2021), registered at Police Station Jaito, District Faridkot, Punjab along with all subsequent proceedings arising therefrom on the basis of compromise deed/affidavit dated 29.05.2025 (Annexure P-4/5 Further prayer has been made for staying the further proceeding arising out of FIR during the pendency of the present petition.

2. FIR in question was filed by complainant-respondent No.2 and the trial started thereon. However, with the intervention of respectables, finally the parties arrived at settlement and they resolved their inter se dispute, which is apparent from the Compromise/order, annexed as Annexure P-2. On the basis of the compromise, the petitioners are invoking the inherent power of this Court by praying that continuation of these proceedings would be a futile exercise and an abuse of process of the Court and thus, the FIR in question along with all subsequent proceedings arising therefrom may be quashed in the interest of justice.

3. This Court vide order dated 07.07.2025 directed the parties to appear before the trial Court/Illaqa Magistrate for recording their statements, as contended before the Court, and the trial Court/Illaqa Magistrate was also directed to send its report.

4. In pursuance to the same, learned Sub-Divisional Judicial, Magistrate, Jaitu has sent the report dated 21.07.2025 to this Court. With the report, he has annexed the photocopy of statement of complainant/respondent No.2, namely, Jaswinder Singh Brar and photocopy of joint statement of accused-petitioners, namely, Ramandeep Singh, Jasreet Singh, Jasiqbal Singh Aulakh and Baljinder Singh @ Buta recorded on 10.07.2025. He has also annexed the photocopy of statement of Investigating Officer ASI Jaswant Singh recorded on 15.07.2025. On the basis of the statements, learned Sub-Divisional Judicial, Magistrate, Jaitu has concluded in the report that the compromise effected between the parties is genuine, valid, voluntary and without any coercion or undue influence. It has further been mentioned that as per the statement of ASI Jaswant Singh, except the accused-petitioners, no other persons arrayed in the case. It has further been mentioned that none of the accused has been declared proclaimed offender. Though accused Ramandeep Singh, Jasreet Singh are invovled in FIR No.27 dated 08.03.2020, cross case rapat No.38 dated 08.03.2020, under Sections 341,323, 506 and 34 of IPC Police Station Jaitu and accused Ramandeep Singh is also invovled in case FIR No.8 dated 29.01.2023, under Sections 379, 411, 120-B of IPC, registered at Police Station Jaitu and the complainant is not involved or declared proclaimed offender in any other criminal case.

5. I have heard learned counsel for the parties, perused the record and the report sent by the learned Sub-Divisional Judicial, Magistrate, Jaitu.

6. A bare perusal of statutory provision of the 528 of B.N.S.S. would show that the High Court may make such orders, as may be necessary to give effect to any order under this Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. Section 359 B.N.S.S. is equally relevant for consideration, which prescribes the procedure for compounding of the offences under the Bharatiya Nyaya Sanhita.

7. Keeping in view the nature of offe

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